Validity of agreements (Aman, peace treaty, or Dhimma contract) made by rebels (Ahl al-Baghy) with people of war (Ahl al-Harb)

General Chapter

Al-Mughni

Book of Fighting Rebellious Groups

Book 49 · Issue 1 · Bab 1

Open in Qurani

Primary text

Any agreement of protection (Aman), peace treaty, or Dhimma contract entered into by rebels with people of war is invalid. This invalidity stems from the requirement that protection must necessitate the cessation of fighting against Muslims, whereas these agreements stipulate fighting Muslims. The forces of justice are permitted to fight them just as they would fight those with whom no agreement exists. The ruling for captives taken from these allies is the same as the ruling for captives of regular people of war prior to the alliance. However, the rebels themselves are forbidden from executing these allies, as they granted them protection, and violating this protection is impermissible treachery.